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Document 219
Filed 11/21/12
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DISTRICT OF OREGON
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Government,
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v.
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STEVEN DWIGHT HAMMOND and DWIGHT
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LINCOLN HAMMOND, JR.,
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Defendants.
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___________________________________)
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EUGENE, OREGON
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PAGES 1 - 34
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Kristi L. Anderson
Official Federal Reporter
United States Courthouse
405 East Eighth Avenue
Eugene, Oregon 97401
(541) 431-4112
Kristi_Anderson@ord.uscourts.gov
Case 6:10-cr-60066-HO
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APPEARANCES OF COUNSEL:
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FOR THE DEFENDANT DWIGHT LINCOLN HAMMOND, JR.:
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Case 6:10-cr-60066-HO
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TRANSCRIPT OF PROCEEDINGS
THE CLERK:
THE COURT:
And
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what -- there are quite a few issues that we can talk about
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today.
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sentencing.
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THE COURT:
It is.
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MR. PAPAGNI:
My
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THE COURT:
MR. PAPAGNI:
Yes.
The paralegal, Ms. Root, is also not
present.
Sandy.
she was the only member of the original prosecution team who
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had been involved in this case from the beginning, and her
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I should
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471 U.S. 453, a 1985 case, which was cited in United States
The Supreme
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rights.
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calculations.
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circumstances.
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I think
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the parties and the court knows that some jurors traveled, I
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some.
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of that testimony.
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character.
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I have no doubt
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Hammond.
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aren't addressed.
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least was aware of how Dusty Hammond was involved and almost
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There's
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unsworn falsification.
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County.
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Somewhat
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Case 6:10-cr-60066-HO
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Unfortunately,
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I think the
And that's
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for.
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sentence.
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be asking for."
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sentences.
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I think it is lawful.
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Congress has
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told you what they think the mandatory sentence should be.
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presenting the evidence the best way I could, and now it's
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just.
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statute says.
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THE COURT:
Thank you.
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MR. BLACKMAN:
calculation.
recall that the testimony from the BLM range con at trial
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Amendment.
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I just think it
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the facts that support that verdict are the admission that
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got off their land two years earlier and they had received a
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stern warning from the BLM that if fire set on their private
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private land and adjacent to the fence line with the public
verdict.
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Wildlife records.
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that jury verdict are the facts that I have just recited.
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only reason they have rifles is because you can't really run
well.
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THE COURT:
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MR. MATASAR:
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Steven Hammond.
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on that.
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basis for the 2001 fire, and so I won't address that but
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THE COURT:
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THE COURT:
MR. MATASAR:
THE COURT:
MR. MATASAR:
I have not.
THE COURT:
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MR. MATASAR:
Yes.
It's not.
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resting here.
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THE COURT:
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MR. MATASAR:
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I'm
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Hammond for nearly 20 years, and I think you know them now
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as well.
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runs the video market, from the Farm Bureau, from people who
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know his kids at school, from people who know him at school.
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There are people who were at Crane when Steven Hammond was a
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student.
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him at church; people who know him from his volunteer work
You know, from what you have read, people who know
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in the community.
And I have been here enough times in the last four
years, Your Honor, on this case and one other case to know
The reason why I gave it to you late was not because we were
lazy but because she had planned to read it, but I think she
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the notice of appeal and such, I will rely on our memo, the
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Ninth Circuit.
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THE COURT:
We had
MR. MATASAR:
Is there anything?
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MR. BLACKMAN:
But I see no
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THE COURT:
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MR. BLACKMAN:
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Sometimes
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I think the Congress does things that it's not intended, and
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that.
THE COURT:
All right.
comments:
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I will impose a
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with loved ones from the court, and I wouldn't have had this
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I appreciate it.
All of us have
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I am grateful.
Thank you.
MR. BLACKMAN:
Thank you.
(Recess.)
THE COURT:
Thank you.
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MR. MATASAR:
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THE COURT:
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Be seated.
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MR. MATASAR:
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THE COURT:
All right.
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lawyers about all the issues we have been talking about here
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today?
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Yes.
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Yes.
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THE COURT:
All right.
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time to do that.
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All right?
All right.
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And likewise, I
THE COURT:
All right.
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MR. MATASAR:
if I may.
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THE COURT:
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MR. MATASAR:
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THE COURT:
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MR. MATASAR:
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Excuse me?
I am going to be seated, if I may.
I just
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MR. MATASAR:
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THE COURT:
Thank you.
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That's a
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supporting it is not.
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loss.
With regard to the sufficiency of the jury
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there were statements that Mr. Steven Hammond had given that
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indicated he set some fires, and the jury accepted that for
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what it was.
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significant.
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I am sure he
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in damages.
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is.
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going on in Pendleton.
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There's
There's going to be a
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that's when the -- those are the ones in effect at the time.
And then on the other hand, the Ninth Circuit made itself
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that.
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Well,
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things.
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be a III.
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MR. MATASAR:
THE COURT:
MR. MATASAR:
be 8 to 14.
that's correct.
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THE COURT:
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Okay.
THE REPORTER:
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THE COURT:
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I may have --
Hold on.
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We are talking
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MR. MATASAR:
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I am
Oh, yes.
in category II.
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MR. MATASAR:
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THE COURT:
Okay.
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8 to 14.
THE COURT:
Thank you.
THE COURT:
requirement exception.
other name for a Ruger .223 is a farm gun, and for predators
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for 8 to 14 months.
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need to repeat that -- this, but you all know that -- and
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Mr. Lessley told me a short time ago that he and Mr. Papagni
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39 years.
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say it.
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those ravines?
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that.
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Might apply.
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MR. PAPAGNI:
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MR. MATASAR:
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MR. BLACKMAN:
THE COURT:
Thank you.
THE CLERK:
Yes.
THE COURT:
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probation.
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is entered.
and if you request, the clerk will prepare and file a notice
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Any notice
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THE COURT:
Yes, sir.
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approval of probation.
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I'm sorry.
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No fine is ordered.
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judgment.
THE COURT:
Yes.
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families.
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release violation.
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People have
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the Wyoming code and all that, but we are all a part of one
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Anything further?
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MR. BLACKMAN:
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things.
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THE COURT:
Yes.
MR. PAPAGNI:
December 11th.
THE COURT:
MR. BLACKMAN:
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All right.
surrender date.
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THE COURT:
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You may.
And would you please recommend the
Sheridan Camp.
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THE COURT:
Yes.
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MR. BLACKMAN:
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$200.
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THE COURT:
It should be 100.
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MR. BLACKMAN:
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THE COURT:
100.
Yeah.
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be 100.
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MR. MATASAR:
It should
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date?
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THE COURT:
Any objection?
MR. PAPAGNI:
THE COURT:
No.
All right.
MR. MATASAR:
We will do it.
Honor.
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THE COURT:
That's fine.
All right.
Anything
further?
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appeal rights, and I think the court said to the extent they
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THE COURT:
They are.
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All right?
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MR. BLACKMAN:
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that through the trial and all the submissions you had more
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a presentence report.
MR. MATASAR:
MR. BLACKMAN:
We stipulate.
MR. MATASAR:
THE COURT:
MR. MATASAR:
THE COURT:
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Thank you.
Thank you, Your Honor.
All right.
We are in recess.
Court's in recess.
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I would
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/s/Kristi L. Anderson
_______________________________________________
Kristi L. Anderson, Certified Realtime Reporter